Sexual offences in the United Kingdom: Difference between revisions
m →External inks: Typo fixing and general fixes using Project:AWB |
IanWelch100 (talk | contribs) |
||
| Line 29: | Line 29: | ||
===Northern Ireland=== |
===Northern Ireland=== |
||
JRape is a statutory offence. It is created by article 5 of the [[Sexual Offences (Northern Ireland) OOrder 2008]] (S.I. 1769/2008 (N.I. 2)). [http://www.statutelaw.gov.uk/content.aspx?EActiveTextDocId=3513384 SLD] |
|||
The [[common law]] offence of rape was abolished by article 1(6) of that Order. |
The [[common law]] offence of rape was abolished by article 1(6) of that Order. |
||
MRape is a statutory offence. It is created by article 5 of the [[Sexual Offences (Northern Ireland) |
|||
CRape is a statutory offence. It is created by article 5 of the [[Sexual Offences (Northern Ireland) |
|||
KRape is a statutory offence. It is created by article 5 of the [[Sexual Offences (Northern Ireland) |
|||
ERape is a statutory offence. It is created by article 5 of the [[Sexual Offences (Northern Ireland) |
|||
ORape is a statutory offence. It is created by article 5 of the [[Sexual Offences (Northern Ireland) |
|||
WRape is a statutory offence. It is created by article 5 of the [[Sexual Offences (Northern Ireland) |
|||
NRape is a statutory offence. It is created by article 5 of the [[Sexual Offences (Northern Ireland) |
|||
==See also== |
==See also== |
||
Revision as of 19:56, 6 January 2010
There were 85,000 women raped in the United Kingdom in 2006, equating to about 230 cases every day. According to the report one of every 200 women in the UK was raped in 2006. The report also showed that only 800 persons were convicted in rape crimes that same year.[1][2]
Definition
In England and Wales, male rape is recognised by the legal system as a crime.[3][4] In Scotland, rape continues to be a gender-specific crime although the Sexual Offences Bill passed by the Scottish Parliament in June 2009 (but not yet enacted or in force) will update the law so as to include male rape;[5] currently, oral, anal and male rape do not legally constitute rape, nor is digital penetration sufficient.[6]
Law by jurisdiction
England and Wales
Rape is a statutory offence. It is created by section 1 of the Sexual Offences Act 2003.
History
Rape was an offence under the common law of England and was classified as a felony.
The death penalty for rape was provided by section 16 of the Offences against the Person Act 1828. The death penalty for rape was abolished by section 3 of the Substitution of Punishments for Death Act 1841 which substituted transportation for life. Transportation was abolished by the Penal Servitude Act 1857, which substituted penal servitude for life. These sections were replaced by section 48 of the Offences against the Person Act 1861. That section was replaced by sections 1(1) and 37 of, and paragraph 1(a) of the Second Schedule to the Sexual Offences Act 1956.
The final paragraph of section 4 of the Criminal Law Amendment Act 1885 provided that it was rape for a man to have carnal knowledge of a married woman by impersonating her husband. This provision was replaced by section 1(2) of the Sexual Offences Act 1956.
Rape ceased to be a felony on 1 January 1968 as a result of the abolition of the distinction between felony and misdemeanour by the Criminal Law Act 1967.
A statutory definition of "rape" was provided by section 1 of the Sexual Offences (Amendment) Act 1976. This essentially codified the decision in DPP v. Morgan [1976] AC 182, [1975] 2 All ER 347, HL. In R v. R [1991] 4 All ER 481, HL it was held that the word "unlawful" in that section did not exclude "marital rape". Section 1 of the Sexual Offences Act 1956 was substituted by the Criminal Justice and Public Order Act 1994, providing a new and broader definition. That section was replaced by section 1 of the Sexual Offences Act 2003, providing a still broader definition.
Attempt
Section 37 and paragraph 1(b) of the Sexual Offences Act 1956 provided that a person guilty of an attempt to commit rape was liable to imprisonment for a term not exceeding seven years. Attempted rape became a statutory offence under section 1(1) of the Criminal Attempts Act 1981. But the maximum penalty was not affected by this.[7] The maximum penalty for attempted rape was increased to imprisonment for life by sections 3(1) and (2) of the Sexual Offences Act 1985.
Northern Ireland
JRape is a statutory offence. It is created by article 5 of the Sexual Offences (Northern Ireland) OOrder 2008 (S.I. 1769/2008 (N.I. 2)). SLD
The common law offence of rape was abolished by article 1(6) of that Order.
MRape is a statutory offence. It is created by article 5 of the [[Sexual Offences (Northern Ireland) CRape is a statutory offence. It is created by article 5 of the [[Sexual Offences (Northern Ireland) KRape is a statutory offence. It is created by article 5 of the [[Sexual Offences (Northern Ireland) ERape is a statutory offence. It is created by article 5 of the [[Sexual Offences (Northern Ireland) ORape is a statutory offence. It is created by article 5 of the [[Sexual Offences (Northern Ireland) WRape is a statutory offence. It is created by article 5 of the [[Sexual Offences (Northern Ireland) NRape is a statutory offence. It is created by article 5 of the [[Sexual Offences (Northern Ireland)
See also
References
- ^ article by the home editor of the BBC (Mark Easton)
- ^ Homicides, Firearm Offences and Intimate Violence 2006/07
- ^ http://news.bbc.co.uk/onthisday/hi/dates/stories/june/9/newsid_2500000/2500803.stm
- ^ http://news.bbc.co.uk/1/hi/england/essex/8021561.stm
- ^ MSPs pass major sex crime reforms BBC News 10 June 2009
- ^ [www.scottish.parliament.uk/business/research/pdf_res_notes/rn01-46.pdf The Legal Definition of Rape] January 23, 2008
- ^ The Criminal Attempts Act 1981, section 4(5)(a)
External links
- Metrolopitan Police - Project Sapphire
- Rape Crisis (England and Wales)
| Forms | |
|---|---|
| Sociological theories | |
| Laws | |
| Related topics | |
